Disclaimer

This is educational information, not legal advice. I am not a lawyer. Laws and procedures change. For guidance specific to your situation, consult a licensed Wyoming attorney.

Detailed answer — how partition works in Wyoming

When a parcel of land is owned by multiple people (for example, siblings and their children), each owner typically holds an undivided interest in the whole property (often as tenants in common). If co‑owners cannot agree to divide or sell the land, any co‑owner can file a partition action in Wyoming district court asking the court to force a division or sale.

Who can file?

Any current owner of an interest in the land — including heirs, devisees, or purchasers of a co‑owner’s interest — may file a partition action. The person who files is the plaintiff; all other co‑owners and persons with recorded interests (liens, mortgages) should be named as defendants so the court can resolve everyone’s rights.

Types of partition outcomes

• Partition in kind (division): The court physically divides the real property so each owner receives a separate parcel corresponding to their ownership share, if division is practical without unfairness.
• Partition by sale: If a fair and practical division is not possible (for example, the land cannot be divided into reasonably marketable parcels or division would be wasteful), the court may order the property sold and the sale proceeds divided among owners according to their ownership shares.

Which outcome will the court choose?

Courts generally prefer partition in kind when it can be done without prejudicing co‑owners. If a fair in‑kind division cannot be made (because of small size, improvements that cannot be divided, or mixed interests), courts will order a sale. The court will try to protect legitimate interests such as liens, mortgages, or easements when deciding how to divide proceeds or parcels.

Role of commissioners or referees

The court often appoints a commissioner, referee, or surveyor to inspect the property, propose a plan for division or sale, and carry out sale procedures. That appointed official prepares reports and valuations the court uses to make its decision.

How interests, liens, and costs are handled

Proceeds from a court‑ordered sale are distributed after the payment of mortgages, liens, taxes, and court costs. The court apportions net proceeds according to ownership shares, adjusting for advances, improvements or contributions if appropriate and supported by evidence.

Practical steps and timeline

1. Gather documentation: deed(s), title history, mortgage and lien information, tax records, and any written agreements among co‑owners.
2. Try negotiation or mediation: courts encourage settlement. Consider buyouts, drafted agreements, or selling your own share to a co‑owner.
3. If negotiation fails, file a complaint for partition in the appropriate Wyoming district court for the county where the land sits. Typical pleadings request division or sale and name all interested parties.
4. The court serves defendants, resolves disputes over parties and interests, may order surveys or valuations, and can appoint a commissioner or referee.
5. The court issues an order for partition in kind or by sale. If sale is ordered, the court will supervise the sale process and distribution of proceeds.

Special situations

• Co‑owners with unequal shares: The court divides parcels or proceeds according to ownership percentages.
• Improvements and personal investments: Co‑owners who paid for improvements may seek offsets or credits in the accounting the court conducts.
• Minors or incapacitated co‑owners: The court protects their interests and may require guardianship or additional procedures before dividing or selling their share.
• Clouds on title or adverse claims: The partition action can include claims to quiet title or resolve competing claims, but complex title disputes may require separate proceedings.
• Mortgages and liens: These survive partition; a mortgage lien will normally be paid from the proceeds at sale or otherwise resolved.

Where to find Wyoming’s official resources

Wyoming’s statutes and court resources provide procedural rules and local requirements. Use the Wyoming Legislature website to search statutes and the Wyoming Judicial Branch for court contact information and local forms:

• Wyoming Legislature (statutes and legislative information)
• Wyoming Judicial Branch (court locations, self‑help, and forms)

If you need a precise statute reference for partition, the Wyoming Legislature site above allows search of the code for terms like “partition.”

Helpful hints — preparing to pursue partition or negotiate instead

• Confirm ownership type: Get a current title report or deed to determine whether the co‑owners hold the property as tenants in common, joint tenants, or under another arrangement; that affects rights and transferability.
• Collect documents: deeds, last property tax bill, mortgage and lien records, surveys, and any written family agreements about the property.
• Try communication first: A written buyout offer or mediated settlement can save time and legal fees. Offer a valuation and buyout terms if you prefer to own the land outright.
• Get a professional valuation: A licensed appraiser helps support fair division or sale pricing and reduces disputes over value.
• Consider costs vs. benefits: Partition litigation involves court fees, possible survey and appraisal costs, commissioner fees, attorney fees, and time. A court sale also incurs real estate sale costs and possible discount from auction sale methods.
• Mind tax consequences: Selling land or receiving sale proceeds can have capital gains or other tax impacts. Consult a tax advisor or CPA before finalizing a sale or settlement.
• Protect minor or incapacitated co‑owners: If minors or incapacitated persons have interests, the court will require special protections; plan for guardianship or conservatorship steps as needed.
• Check mortgage holder requirements: If the property has a mortgage, the lender’s consent or payoff may be necessary; include the mortgagee in the action so their lien is resolved.
• Document offers and negotiations: Keep records of all communications so the court can see efforts to settle if you later file for partition.
• Consult an attorney early: A local Wyoming real property attorney can explain local practice (which district court handles the action), prepare pleadings, and estimate likely outcomes and costs.